Activities of Catherine STIHLER related to 2013/0246(COD)
Plenary speeches (2)
Package travel and linked travel arrangements (debate)
Package travel and assisted travel arrangements (debate)
Amendments (23)
Amendment 89 #
Proposal for a directive
Recital 5
Recital 5
(5) In accordance with Article 26(2) of the Treaty, the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured. The harmonisation of certain aspects of package contracts and assistlinked travel arrangements is necessary for the creation of a real consumer internal market in this area, striking the right balance between a high level of consumer protection and the competitiveness of businesses.
Amendment 112 #
Proposal for a directive
Recital 18
Recital 18
(18) It should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services, such as in the case of a package travel gift box, should constitute a package. Moreover, a combination of travel services should be considered as a package where the traveller's name or particularsdata needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed. Particulars needed to conclude a booking transaction relate to credit card details or other information necessary to obtain a payment. On the other hand, the mere transfer of particulars such as the travel destination or travel times should not be sufficient.
Amendment 119 #
Proposal for a directive
Recital 23
Recital 23
(23) Key information, for example on the main characteristics of the travel services or the prices, provided in advertisements, on the organiser's website or in brochures as part of the pre-contractual information, should be binding, unless the organiser reserves the right to make changes to those elements and unless such changes are clearly and prominently communicated to the traveller before the contract is concluded. However, in light of new communication technologies, there is no longer any need to lay down specific rules on brochures, while it is appropriate to ensure that, in certain circumstances, cChanges impacting the contract performance aremust be adequately communicated between the parties on a durable medium accessible for future reference. It should always be possible to make changes to that information where both parties to the contract expressly agree on that.
Amendment 126 #
Proposal for a directive
Recital 27
Recital 27
(27) In specific situations, also the organiser should be entitled to terminate the contract before the start of the package without paying compensation, for instance if the minimum number of participants is not reached and where this possibility has been reserved in the contract. In such a situation, the organiser should adequately inform travellers who may be impacted by that clause.
Amendment 136 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser, of the retailer having facilitated the assisted travel arrangement or of any of the service providers. Member States in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency. While retaining discretion as to the way in which insolvency protection is granted, Member States should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency. Where a consumer would prefer to complete their package or linked travel arrangement, rather than obtain a full refund, the insolvency protection may, where appropriate, provide for the fulfilment of existing contracts, in order to enable the package or linked travel arrangement to continue but this shall be at no additional cost to the traveller. The required insolvency protection should take into account the actual financial risk of the activities of the organiser, relevant retailer or service provider, including the type of combination of travel services they sell, foreseeable seasonal fluctuations as well as the extent of pre-payments and the way in which these are secured. In accordance with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy, such security may not be limited to attestations issued by financial operators established in a particular Member State. __________________ 25 OJ L376, 27.12.2006, p. 36. OJ L376, 27.12.2006, p. 36.
Amendment 153 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) packages and assistlinked travel arrangements covering a period of less than 24 hours unless overnight accommodation is included;
Amendment 173 #
Proposal for a directive
Article 3 – point 2 – point b – point i
Article 3 – point 2 – point b – point i
(i) purchased from a single point of sale within the same booking process where all the services have been selected by the traveller before the traveller has agreed to pay,
Amendment 188 #
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
(v) purchased from separate traders through linked online booking processes where the traveller's name or particularsdata needed to conclude a booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed;
Amendment 200 #
Proposal for a directive
Article 3 – point 7
Article 3 – point 7
(7) ‘trader’ means any person, who is acting for purposes relating to his trade, business, craft or professionsells or offers for sale travel services or facilitates the procurement of travel services whether it is in their own name or as an intermediary;
Amendment 201 #
Proposal for a directive
Article 3 – point 8
Article 3 – point 8
(8) ‘organiser’ means a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader or who facilitates the combination and procurement of such packages; where more than one trader meets any of the criteria referred to in point (b) of paragraph 2, all of those traders are considered as organisers, unless one of them is designated as organiser and the traveller is informed accordingly;
Amendment 227 #
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) the conditions for the termination of the contract by the traveller or the organiser before the start of the package;
Amendment 240 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The information referred to in paragraph 1 shall be provided in a clear, accessible and prominent manner.
Amendment 249 #
Proposal for a directive
Article 5 – paragraph 3 a(new)
Article 5 – paragraph 3 a(new)
3a. The pre-contractual information provided to the traveller shall be binding on the organiser and shall constitute a part of the contract.
Amendment 250 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that package travel contracts are in plain, accessible and intelligible language and, in so far as they are in writing, legible.
Amendment 282 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 284 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 286 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point (a) of Article 4 or special requirements as referred to in point (a) of Article 6(2), the organiser shall without undue delay inform the traveller of the proposed changes without undue delay in a clear and prominent manner on a durable medium of:. The traveller shall have the right to: (a) withdraw from the contract without penalty; or (b) accept the changes; or (c) be offered a substitute package
Amendment 290 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 292 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 297 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the changes to the contract or the substitute offer referred to in paragraph 2 result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
Amendment 300 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the contract is terminated pursuant to point (ba) of paragraph 2, the organiser shall refund all payments received from the traveller within fourteen days after the contract is terminated. The traveller shall, where appropriate, be entitled to compensation in accordance with Article 12.
Amendment 364 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
Amendment 386 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers of packages and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of the insolvency of the organiser, of the retailer or any of the assisted travel arrangement service providers.